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Min 03/12/1923 Wichita Falls, Texas Basement Morgan Bldg., March 12th 1923. The :Board of Aldermen of the city of Wichita -Falls, Texas, met in regular session on the above date with the following present:- Frank Collier, Mayor H. E. Shepherd 0 B. A. Stayton J. B. Fitts 0 Aldermen s. M. Clifford O W. E. McBroom, City clerk E. M. Mann, City Attorney #W#4q4jt###4:Pf##### The hearing to property owners on Austin Street between Eleventh and Twelfth Streets continued from February 26, 1923 was called and. C. O. MODoa- ald representing S. H. Hodges protested against the construction of the pavement on the following grounds: 1. There is no public necessity. 2. There is no enhanced vplue 3. The proposed materialeare not uniform with abuttin pavement. A. H. Carrigan, J. A. Hicholt, a Zunderlowitz, G. D. Anderson, and other property owners effected by said paving spoke in favor of the improve- ment urging that it be ordered in. moved by alderman Clifford that the hearing to property ovners on Austin Street between Eleventh and Twelfth Streets relative to the pavinp:. of said block be continued until 7:30 P. F. March 16,1923 in the Basement of the Morgan Building in the City of Wichita Palls, Texas. Motion seconded by Alderman Shepherd and carried. F. G. Swanson representing a group of plumbers filed a complaint against plumbing inspector J. L. Moore complaining that the City Plumbing Ordin- ances were being violated by said inspector. C. Y. Elliott complained bf dis- crimination practiCed by the Plumbing Inspectors. Moved by alderman Fitts that Jess Smith be allowed to install a curb filling station at 1302 Bluff Street under the usual provisions to-wit :- That said Jess Smith, his heirs, assigns, and administrators will hold the City of Wichita s'alls harmless from any damages that may result from the operation of said filling station and that said filling station will be re- moved and operation will cease when so ordered by the Board of Aldermen of the City of Wichita Falls. Motion seconded by alderman Shepherd and carried.. 414# 0H###WM##V-f Moved by alderman Shepherd that the application of J. E. Ward for permission to install and operate a drive in gasoline filling station on the corner of Tenth and Bluff Streets on Lots 8,9,and 10 Block 1E38 be received and a public hearing ordered for March 26, 1923 in accordance with Ordinance ilo.419. Motion seconded by alderman Clifford and carried. ff#14##f#### ###“# Moved by alderman Clifford that the following resolution be adopted: Motion seconded br Alderman Stayton and carried by the followng vote. Yeas: Shepherd, Clifford, Eitts, Stakton. Bayes: Pone. ( RESOLUTIO e AESOLUTION DEC LINO THE aaaaSaITY OF IM.Taa0VING AR. P FROM THE EAST PROPERTY LINE OF MONROE STREET TO THE WEST CURB LINE OF GIDDINGS STHEET, STATING THE NATURE OF SUCH IMPROVEKENT RED THE METHOD BY REICH IT IS PROPOSED THAT PAYTHaNT BE MADE THEREFOR, AND DaUCTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMAMES OF THE PROPOSED 1MPROVEMEATO PlaPAREL: BE IT, aND IT IS HEREBY RESULTED BY THE BOARD OF ALDEarEN OF THE CITY OF WICHITA FALLS; THAT I. It is necessary that Ave. P. from the East Property line of Mon- roe Street to the Nest curb line of Giddings Street be improved by raising, grading, filling and paving the same, and installing concrete curbs and gutt- ers, and, that same be improved with one of the following methods and materials, to-wit: (a) Warrenite-Bitulithic Pavement (b) One course Concrete Pavement (c) Brick Pavement. II. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of aldermen,the,City Engineer being so directed, there being no City Lanager. III. The said improvements shall be paid for in the following manner, to-wit:- The benefited and abutting property, and the owners thereof,shall be assessed and pay for all of the cost of installing curbs and not exceeding ninety per cent of the remaining cost of such imProvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in five equal inctallments, the first of which shall be due on or before thirty (30) days after the completion and acceptance by the City of such improvements, and the second shall be due on or before one (1) year after such completion and accentance, and the third on or before two (2) years after said completion and accentance and the fourth on or before three (3) years after said completion and acceptance, and the fifth on or before four (4) years after such completion and accentance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and Until paid at the rate of £3, per annum, payable annually, but such property, . and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any install- ments upon the maturity thereof shall at the option of the owner and holder of the certificate of special asaessment issued in evidence thareof, mature the entire amount then unpaid; and the sums payable by the respective lots or par- cels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof and, shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and charges and ddmands of whatsoever kind, excepting only State, County and Municipal taxes No assessment shall be levied against any lot or parcel of land, or the owner thereof in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means of such improvement, and no assess- ment shall be levied until after the notice and hearing as provided in the Char- ter and Laws in force and effect in this city, and in the ordinance and proc- eedings of the Board of Aldermen applicable thereto. IV. upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property, and the owners thereof, shall be issued to the contractor or party performing and exe- c -ting the work of such improvement and containing recitals lawful and properly applicable thereto and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assesament, and any other matters with reference to said improvement shall be done and performed in the manner and form provided by the Charter and Laws in force and in effect in this city, and the proceedings, ordinances and resolut- ions of the Board of alaermen. V. This resolution shall take effect from and after its passage. fC ;\ • UETIER 02 ENGINEER SUBMITTING BI,ANS,PROFILES, SPECIFICATIONS AND ESTIMATES. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: In compliance with the resolution of the Board of Aldermen with reference to the improvement of Ave. F from the East Property Line of Monroe Street to the West curb line of Giddings Street, I have prepared and hand you herewith plans, profiles, zpecifications and estimates of the proposed imp- rovements, the same embraces and different materials, plans and methods of im- provement set forth and, specified in the said resolution. F. M. Rugeley,City Engineer Moved by Alderman Fitts that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Stayton, Fitts, Clifford. Nayes: None. RESOLUT1 0 0 RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVENT OF AVENUE F FROM THE EAST PROPERTY LINE OF MONROE STREET TO THE WEST CURB LINE OF GIDDINGS STREET IN TAN CITY OF WICHITA IALLS, TEKAS; AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING ANn CONSTRUCTING OF SiCH IMPROVEMENTS. BE IT RESOLVED BY THU BOARD OF ALDERLTB OF THE CITY OF WICHITA FALI.Ti' THAT WHEREAS, by resolution passed on the /Aday of A. D. 1923 the Board of aldermen of the City of Wichita Falls, declared NVcessity of improving Ave. F from the East Property Line of Monroe Street to the , est curb line of Giddings Street by raising, grading, and filling same, and paving same and installing concrete curbs and gutters, with the materials and in the mann- ers and methods stated in the said resoluti.,,n, and gave the method by which it was proposed that payment be made therefof, and directing the City Engineer to have plans, profiles, specifications and estimates of the proposed improve- ment prepared; and, WHEREAS, the said City Engineer has prepared such plans, profiles, specifications and estimates and has filed the same with the Board of Alder- men, and the same have been inspected and examined and corrected, where necess- ary; 1. That the said plans, profiles and specifications and estimates, be and they are hereby adopted and approved as those under, by, and in accord- ance with which the said improvements shall be made and constructed. 2. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improvements, in the manner and for the len#th of time and in the form rewired and provided by the City Charter and laws in force and in effect at this time, and by the ordinances and proceedings of this Board and such bids rill be received until and shall be opened on the 26th day of March 1923 at 7:30 P. I—o'clock, and all bids shall be made in the form and in the manner, and accowanied by certified check and by the guarantee provided and rep Ared by the sP,id specifications. 3. This resolution shall take effect from and after its rassage. Passed and approved this the /g4--,clay of IrMA-a./ A.D.1923. ######WW####4-#### ## ## Moved by Alderman Shepherd that the following resolution be adop- ted:- Motion seconded by Alderman Fitts and carried by the following vote:- yeas; Shepherd, Fitts, Clifford, Stayton. Nayes: none. RESOLUTIO RESOLUTION DECLARING THE NECESSITY OP IMPROVING LUCILLE STBEET FROM THE- EAST e " ee LINE OF BROOK STREET TO THE 7LEST CURB LINE OF GRACE STREET, STATING THE s TURE OF SUCH 1MPROVEUENTS AND THE METHOD BY WHICH IT IS PROPOSED TEAT PAYI1NT BE tellDE THEREPOR, MD aIRECTING THE CITY ENGINEER TO HAVE PLACS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVE- HENTS PREPARED: BE, IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF e:ICHITA FALLS: THAT 1. It is necessary that Lucile Street from the east property line of Brook Street to the west curb line of Grace Street be improved. by raising, grading, filling and paving the same, and installing concrete carbs, and gutt- ers, and that same be improved with the following methods and materials, to- wit (a) Brick pavement (b) Concrete (c) Bitulithic (warrenite) The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plane of improvement prepared, and to file the same with the Board of Aldermea, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner, to-wit : The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Palls, shall pay the remainder. The sums payable by the benefited property and owners thereof shell be payable in four equal installments, the first of which shall be due on or before thirty (30) days after date of comrletion and acceptance by the tt Cjty of such improvements, and the second shall be due one or before one (1) year after such date, and the third on or before two (2) years after such date of completion and accertance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the ,date of each completion and acceptance and until paid at the rate of eight (W per cent per annum, payable annually, but such property, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at the optioa of the owner and hol- der of the certificate of special assessment issued in evidence thereof, mature the entire amount then unpaid; and the sums payabe by the respective lots or parcels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and. prior lien and charge against such proeerty, superior to all other liens, claims and charges and demands- of whatsoever kind, excepting only State, county and Municipal taxes. No assessment shall be levied against any lot or parcel of land or the owner thereof, in excess of the special benefits to such lot or parcel of land in enhanced value thereof hi means of such improvement, and no assess- ment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this ,ity, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property, and the owners thereof, shall be issued to the contractor or party performing and ex- ecuting the work of such improvement and containing recitals lawful and properly applicable thereto, and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assessment, and any other matters with reference to said improvement shall be done and Performed in the manner and form provided by the charter and Laws • in force and effect in this City, and the eroceedings, ordinances and resolut- ions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the ),2:+1 day of A. D. 1923. r re °\ Moved by Aldeflran Stayton that the Years 1920 and 1921, tax in the amount of ;:13.78, paid by R. E. Skrehot, receipt 5o.1933 be refunded on personal property on account of said personal property paid, on by said Skrehot not belonging to him. Motion seconded by Alderman Fitts and carried. Moved by Alderman Stayton that the Pater Department be authorized to install fire plugs at the following locations. 1 plug corner F. and J,nes St. --- 125.00 1 plug corner G. and. Pell Street 125.00 1 plug corner H. and Jones Street 125.00 1 plug corner J. and Jones Street 125.00 Motion seconded by Alderman Fitts and carried. Moved by Alderman Fitts that the Water Department be authorized refund the sewer rentals accruing against ??1.5i:and 715 Seventh Street on account of the service having been discontinued an Jan. 1,1918 and apply s-me against delinquent rentals against 1013 Indiana, 1006,1008,1010 Eight Street, 1611 Luc- ille, and 609 Scott in the amount of '• 136.00. Motion seconded by Alderman Stayton and carried. Koved by Alderman Btayton that the IA.chita Falls Electric Company be authorized to install an underground gasoline tank in the alley behind Lot 2 Block 184, between Scott and Lamar, provided the pump is placed inside of the property line and said installation is evade under the siLrervision of the City Engineer and under the usual conditions to-wit: That the said Wichita Falls, Electric Co., their heirs, assigns, and administrators will hold the City of Wichita Falls harmless from any dam- ages that may result from the operation of said filling station, and that said filling station will be removed and operation will cease when so ordered by the Board of Aldermen of the City of Wichita Falls. Motion seconded by Alderman Clifford and carried. ti'##M-kgi#N-44Wiiiiii401f44 GEBIUANCE 110.43C. • ORDINANCE 20 CL032 VACATE AWN ABANDON ALLEY RUNNING THROUGH BLOCK NO.2 OF THE WEST SIDE ADDITION TU THE FLORAL HEIGHTS ADDITION TO THE CITY OP WiCHITA FALLS, TEXAS, EXCORDIVO TO THE RECORDED PLAT OF SAID SHED, SAID ALLEY RUNNING PA2,ALLEL WITH TENTH STREET. Moved by Alderman Clifford that Ordinance Do.430 be placed on its second reading. Lotion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Fitts, Stayton, Clifford. Mayes: None. • ###V#flilfV###YMOH/Wff Moved by Alderman Clifford that the Mayor be authorized to execute deeds to the following rarties who have furnished satisfactory evidence that they own the following cemetery dote. W. A. Buchanan, -est Lot 547, Block G J. M. Davis East 1 Lot 547, Block G Motion seconded by alderuan Stayton, and carried. f), , /I^ Moved by alderman Shepherd that the Budget covering the cities 1, estimated revenue and expenditures for the fiscal year ending March 31, 1924 submitted by the Mayor be approved and that the City Attorney be instructed to draft the annual appropriation ordinance using this budget as a basis. Motion seconded by alderman Pitts and carried. 70t#W*4+ 11-14-it-iit Moved by alderman Shenherd that the Dater Department be authorized to install a fire plug and make the following extension of Dater line: Harvard Street between 21st Street and 22nd Street 852 feet of 2 inch---- 340.80 1 fire plug corner of Grant and Ave., F. ,125.00,Total- :,465.80 Motion seconded by alderman Pitts and carried. 01141tii# 141# Moved by Alderman Fitts that the Tichita General Hospital be allowed 0.500.00 out of the year 1923,1924 budget to cover operating deficit at December 31, 1922. Motion seconded by Alderman Stayton and carried. ill ii ORDINANCE 431. AN ORDINANCE ABANDONING AND VACATING A CERTAIN ALLEY INTERSECTING BLOCK EIGHT NOT OCCUPIED BY THE TICHITA VAllEY RAILViAY COMPANY AND THE DEAD END OF NINETEENTH STREET BE7IEEN THE EAST SIDE OF AUSTIN STREET AND THE PEST SIDE OP MILLS STREET ALL IN THE CITY OF WICHITA PALLS, TEXAS. Moved by ALDERLTAIT Fitts that Ordinance.No.431 be passed on its first reading. Motion seconded by Alderman Shepherd and carried by the 1lowing vote:- Yeast- Shepherd, Fitts, Stayton, Clifford. Hayes: None. #1,4f4/W4IT'#'14iltilii-a4i[ 'ORDINANCE 432 AN ORDINANCE IOLNDONING AND VACATING CERTAIN STIETS aND ALLEYS IN THE CITY OF TICHITA FALLS UPON CERTAIN PERO AND CONDITIONS. Moved by ALDERFAN Fitts that Ordinance No.432 be Passed on its first reading. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Stayton, Clifford, Fitts. Nayes: None. C.W444 #W# The Board of aldermen then adjourned until 7.30 P. March 16th 1923. Read and approved this (9 day of ' 7t-at,/1923. Fayor ATTEST:- d" \